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Lawadvvice   07 July 2016

Second marriage divorce

Dear All,

I need advice with regardes to divorce case of my daughter. My daughter married a person whos wedding was null from the court. Within two months of the marrirage my son-in-law left his job, Not intested to go to job, quarrelsome, My daugther is placed in a good job, Many a times he has told my daugther openly that he has married her for money, He and sister use abusive words, He give share personal information about things which happen betwee husband and wife. He as shred sms to his sister explaining her body parts, after seeing these messages my daughter left the house. Now he not not agreeing to is almost 1.5yrs she is not staying with him. We have taken out the court records of  his first marrirage, There also he as down all unwanted work.

Request you all to suggest.




 5 Replies

Kapil Chandna (Lawyer at Supreme Court of India)     07 July 2016



File divorce on the ground of cruelty. 


Warm Regards 

Kapil Chandna Advocate 


Sandhya Srinivas (Advocate & Legal consultant)     07 July 2016

Your daughter can file a Divorce petition on the ground of cruelty and  let her also file a case in Domestic Violence Act. Pressure will be created on him and your daughter may get releif at the earliest.

Vibha   08 July 2016

  1. She should file for divorce on grounds of cruelty. If husband decides to contest with vigor, case can take 5 years to dispose.
  2. Reliefs under PWDV act do not serve any useful purpose in your situation.  
  3. If he married your daughter by concealing his intention of not doing any work and simply to take advantage of her handsome earnings then his actions can come under IPC 420. Sharing messages with his sister related to intimate matters with willful intent to humiliate your daughter also come under under IPC 498A. 
  4. Consult advocate and consider possibility of making a criminal complaint against husband. 

Khush   08 July 2016

Go for mediation with opposite party. as ur daughter is working, so DV will not serve any porpose. Well settle it out amicable rather to go to courts. 

A walk alone (-)     09 July 2016

First try MCD. If it fail than your daughter can file divorce on cruelty ground. If you had evidence of his first marriage and he dnt tell your daughter before marriage it will also help you in case. Dnt file any other case its only wastage of time and money.

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